Waiting for Thomas to go

Amid all the controversies surrounding the appointment of P.J. Thomas as the Central Vigilance Commissioner, one thing is clear: he did not qualify — and was clearly not fit — for the job. By insisting before the Supreme Court that the ‘full facts' relating to Mr. Thomas were not placed before the high-power committee to finalise the appointment of the CVC, Attorney-General G.E. Vahanvati might have tried to draw a veil over the roles of Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, members of the committee along with the Leader of the Opposition Sushma Swaraj, in a shockingly bad selection process, which he claimed “will not vitiate” Mr. Thomas's appointment. At the time of the selection, a charge sheet was pending against Mr. Thomas; and the Kerala government had granted initial sanction for his prosecution in the palmolein import case. Is it believable that the Prime Minister and the Home Minister were ignorant of these damning facts while making the decision to appoint Mr. Thomas as CVC — the country's highest institutional authority to probe charges of corruption? Or did the Prime Minister choose to overlook these facts? Mr. Vahanvati's weak defence is that the relevant papers and file were not placed before the committee by the Department of Personnel. Ms Swaraj strongly disputes this plea of ignorance, asserts that both the Prime Minister and the Home Minister were aware of the details of the charges against Mr. Thomas, that she specifically called attention to them, and even entered a note of dissent. She will refute the government's factual claims in an affidavit before the Supreme Court.

The latest development leaves Mr. Thomas without a fig leaf of protection. Evidently, his appointment, overriding the objections of the Leader of the Opposition and ignoring facts that were in the public realm, was for politically expedient reasons that would not see the light of day. That the CVC chose not to step down despite several adverse observations made by the Supreme Court is shameful enough. That the government has shielded him up to this point and officially claimed that his appointment was ‘not vitiated' despite the highly coloured circumstances of the selection is shocking. For Mr. Thomas to continue in his post a day longer will be to flout all norms of institutional propriety and clean governance. The Congress might try to cut its losses by pressuring him to resign. But if he exploits the complicated procedure for the removal of the CVC under the provisions of the Central Vigilance Commission Act, 2003 to cling on to office, the Prime Minister and the already beleaguered United Progressive Alliance regime will have a greater political price to pay.

P Chidambaram itself mentioned that the issue of charge sheet was discussed in detail during the appointment process, points were thrown from both the sides for favor and against Mr. thomas, so during selection process this would be clear that instead of having a charge sheet in pocket, Mr. Thomas is still the most eligible for the post.Moreover PM Manmohan Singh is in the favor of him and there is no question about the honesty of prime minister so now let us hope for the best and wish Mr. Thomas all the best for doing his best in the job assigned to him and making INDIA corruption free.

from:
Ajay kumar

Posted on: Feb 1, 2011 at 23:13 IST

PM Manmohan Singh and Union Home minister P.Chidambaram,being the senior-most and creditable members of UPA,have outraged the constitutional ethics by this appointment.

from:
Vidushi Gupta

Posted on: Jan 31, 2011 at 18:56 IST

Its quite an Irony that Mr P J Thomas has been given charge of CVC. Thomas might be after all very innocent. But the fact is, he has been implicated in corruption scandal. Unless the charges are dissolved against him, he should not be allowed to continue in this position.

from:
Kannan Sekar

Posted on: Jan 31, 2011 at 00:21 IST

Poor government servants remain in same posts based on even frivolous complaints and proposed charge sheets in Central Govt. Offices whereas for a post like CVC the Govt. clears a name of a person and the same is supported that it was not aware of full facts. What a pity. This is the government which is ruling and maintaining law and order. May be one day they will say they do not know what is happenning in some place after it happens to escape their responsibility.

from:
K.VASANTKUMAR

Posted on: Jan 30, 2011 at 17:06 IST

Your editorial has got it wrong. The blame does not lies on the doorstep of Mr Thomas (regardless of his integrity - impeccable or otherwise). The real culprits are the Home Minister Chidambaram (who assented) and more so the Prime Minister Manmohan Singh (who overrode all dissent by his casting vote). Of even greater concern is the thought that if such exercise of brazenness occurs in the full glare of public view, what kind of decisions are being made in New Delhi behind closed doors?

from:
Mohd H

Posted on: Jan 30, 2011 at 08:55 IST

It is shameful deceit played on the Nation by the Central Government for which the PM and Home Minister are responsible jointly and severally. Government Appointments to such vital and sensitive posts are made by closing eyes. This is fraud on the Nation and its people. Condemnable.

from:
VB Dandapani

Posted on: Jan 30, 2011 at 07:40 IST

What India needs is a people revolution like in Egypt and Tunisia and sweep away all politicians, end dynastic rules in the Center and the States.

from:
N. Sarma

Posted on: Jan 29, 2011 at 22:36 IST

Impeccable integrity for a constitutional post of CVC ? The word “impeccable” is wrong adjective in the present scenario. Hello, India, you’re in a fool’s paradise to believe that integrity is a qualification for occupying constitutional post, much less its impeccability .

from:
Chandran Dharmalingam

Posted on: Jan 29, 2011 at 20:47 IST

The UPA government is going in circles to defend the indefensible selection of Thomas as the CVC and as the issue gets stickier,the government is unable to come up with any sensible reasons and drags its feet to the embarassment and indignation of the discerning people at large.What a shame!

from:
V.Padmanabhan

Posted on: Jan 29, 2011 at 19:38 IST

The flawed policy adopted by the UPA govt in appointment of CVC in such a stiff situation when there are numerous scandals all over the news is another clear example of political misconduct and unscrupulous leaders ruling this country. It is rare sight to see the opposition demanding clear probe in the ruling govt demeanor in endless number of scams and scandals and the process to probe all charges of corruption is impaired as its recently appointed supreme authority facing charges of lawlessness.As evident from the article,there are serious attempts by ministers at various level to cover up the wrongdoings of many dignified rulers, one can imagine the level of corruption across the governance where leaders are more intent in covering up this menace rather than confronting it.

from:
Rahul

Posted on: Jan 29, 2011 at 19:18 IST

By foolishly clinging to its untenable stand in the appointment of P.J.Thomas as the CVC, the UPA Government has exposed itself. The reason for this is not far to seek. The Government has already lost to the Opposition in two important battles. Now the Government seems to have taken it as a prestige issue.

from:
M SOMASEKHAR PRASAD

Posted on: Jan 29, 2011 at 17:31 IST

This MMS Government has lost all its credibility and should put their Resignation immediately.

from:
sukumar

Posted on: Jan 29, 2011 at 16:31 IST

Now Thomas is refusing to go. Earlier Chief of Prasar Bharati refused to go, Chief Information officer of Maharashtra...the list is long.

Contrast this with the ease with which Ashok Chavan, Kalamadi, Shashi Tharoor, A. Raja were removed. It is time to reevaluate the necessity of giving so much immunity to this high office holders and we should start believing more in our politicians.

from:
Anil P.

Posted on: Jan 29, 2011 at 12:44 IST

You once again proved that "The Hindu" speaks up to its expectations.
It's really shocking to see people at higher level have no remorse about their status.

from:
Anbuselvan Babu

Posted on: Jan 29, 2011 at 12:26 IST

Sir
The resolute attitude of government in the CVC appointment irrespective of the serious reservations and incompatibilities pointed out from different corners is very distressing. Same is the case of the appointment of NHC chairman. It is difficult to believe the explanation of the Government that it is not aware of the charges against them. Now people have reasonable doubts that somebody in the government or in the party has some vested interests in these appointments and their continuation. This is a serious matter involving the very integrity and sincerity of ruling class which will definitely have political implications in future.
Don’t we have any other Indian who is equally qualified but have “impeccable credentials” to become CVC?

from:
Yathy Pattali

Posted on: Jan 29, 2011 at 11:42 IST

If Thomas resigns now the controversy surrounding selection of unsuitable candidate for the super clean post of CVC will be buried quietly. In order to make the govt. to learn a lesson and to prevent them from committing similar blunder in future, Thomas should not resign now. We should learn to respect an IAS officer as much as we respect ministers and prime ministers.

from:
mvrangaraajan

Posted on: Jan 29, 2011 at 11:22 IST

Two major fallouts of the clumsy way the UPA government has handled the issue of the appointment of the CVC are serious for our governance standards. Whatever may have been the failings of the political class in India, we have had a good governance system. That system has also been corrupted now by the politicians. Government notings are reputed to be of good standard known for their thoroughness. It is this trait which has been dealt a deadly blow by the UPA government right under the nose of the PM. The notings of the Appointments Committee to the cabinet have thus proved faulty indulging suppression veri. UPA now says that the officer will be dealt with appropriately. Officers at what level? Section Officer or Under Secretary. For this mess, the minister concerned and the secretary of the ministry which prepared the note ought to answer. Parliament will surely ask these and more questions if and when it is allowed to function by the UPA government which has used the JPC issue to protect itself from the active Parliament. NO wonder then the UPA just scrap through the forthcoming session with the perfunctory presentation of the Budget and its passing. India has not seen the worst situation like this in the last 62 years, thanks to the congress-led UPA.
Second is the way we have behaved with Mr. Thomas, a senior civilian. Even if he was not, for technical reasons, considered eligible for appointment as CVC, he could have been spared the humiliation which has been heaped on him in these months. Civil service will thus have valid reason for being dissatisfied with the behavior of the UPA government. It will be a serious loss to the nation if our renowned civil service is handled so shabbily. The IAS officers Association is surprisingly keeping quiet and has not realized the damage done to the HRD principles. Thomas’ decision not to offer his resignation is thus right. People owe him an apology to him on behalf of the bungling UPA.

from:
s subramanyan

Posted on: Jan 29, 2011 at 09:09 IST

It is very poor governance. It is high time our great Manmohan Singh resigns his post and take the position of just economic adviser.

from:
sethu

Posted on: Jan 29, 2011 at 08:27 IST

Sometime back, the IAS association of Kerala had offered their support to P.J.Thomas. In an editorial in Madhyamam, former Chief Secretary of Kerala, Shri Babu Paul had detailed the unfortunate circumstance of palmolein case being stayed by the Supreme Court. The fact that Mr.Thomas was appointed as the Chief Secretary of Kerala by the LDF Government gives ample evidence that the case against him is rather weak. As Mr.Thomas is highly respected among his peers, there is no need to doubt the integrity and honesty of the officer. The only point of contention is then a procedural lapse - whether or not someone with a chargesheet pending in his name can be nominated to the post of CVC. The CVC Act has no such mandate. The loosely defined term "impeccable integrity" shouldn't be a basis to examine this appointment, as such terms can be a subject of personal definitions. In that respect, it's imperative that P.J.Thomas should continue as the CVC, without buckling to political pressures.

from:
Xavier Abraham

Posted on: Jan 29, 2011 at 08:05 IST

The reputation of the PM and the Home minister is going down the drain as each day passes. How could they pretend they did not know. Of course they knew. But they wanted a convenient officer in charge of the CVC. Why? Whom are they trying to protect.

from:
Suresh Kumar

Posted on: Jan 29, 2011 at 07:46 IST

Not a day passes without the Supreme court asking some very embarrassing question or passing some strictures on the government of the day in one case or the other. The government is being forced, day in and day out, just to safeguard itself from some stinging comment from the Supreme Court and the day-to-day functioning of the government has come to wait in anticipation of some comment from the court and hence act or indulge in some damage control measure just prior to a session of the court.

from:
Amaruvi Devanathan

Posted on: Jan 29, 2011 at 07:43 IST

Mistakes were things of past, now the Congress led UPA regime believes in committing blunders of varying kinds and magnitude. Even after that they are even reluctant to accept it and go on justifying their credentials and terming it as deeds done in full propriety. With each passing day the government decisions are taking it to shambles. With the latest episode of Mr. Thomas who is up to defying every institutions order to step down. There is a saying that it’s better late than never, at least now the government should take remedial measures to bring things to their natural order and restore the country to the path of development and prosperity.

from:
Kanishk Singh

Posted on: Jan 29, 2011 at 07:21 IST

I have valued The Hindu as a newspaper..But this kind of editorial based on mass media histrionics is shameful.CVC is a man of reputation in Kerala govt circles. You have sources in govt so you should have verified the real Thomas. He has an exceptional reputation
1) Every body knows he was implicated because he did not give testimony against Karunakaran when asked to do so by Communist govt. He was added under criminal conspiracy "2 years" after the orginal chargesheet was filed. Why the gap of 2 years?Shows political intent right?
2)His assets filed show that he has not amassed any addtl wealth. Can any media folks show that he has amassed any property. I know they took loan to educate his son. 3) He was never Telecom secy under 2G tenure. He came a good 9 months later. 4) Ironically, I even know that Thomas had to borrow a suit to go as Election Commission observer to Sri Lanka. 5) He was recorded as a man of integrity by J. Lyngdhog when he was Central Election Commissioner and PJT the Kerala Election Officer. Now what changed?

Now why it does not make sense to resign? He will always be carrying the "tainted" tag which media created.

from:
John CC

Posted on: Jan 29, 2011 at 06:58 IST

"But if [Thomas] exploits the complicated procedure for the removal of the CVC under the provisions of the Central Vigilance Commission Act, 2003 to cling on to office.."

I strongly believe that the CVC Act, 2003 doesn't apply here at all. Here's why: In all the industries I'm aware of, if one obtains a job by either claiming qualifications he doesn't have or hiding disqualifications he has, his appointment is automatically voided. Thomas' current position is a result of hiding disqualifying factors. His appointment is voided by that discovery. "Fruits of poisoned tree" as they say in legalese. If the CVC act 2003 says that's not to be the case, then that act needs to be challenged in court. Because that creates a huge incentive to get into a constitutional position by any means because once you are in, you are protected! If that's not perversion of justice, I don't know what is.

All Thomas needs to be told is, if he leaves immediately, he won't be prosecuted for submitting false information when he applied for the job.

from:
Kondalarao Palaka

Posted on: Jan 29, 2011 at 06:46 IST

Sri Thomas will resign only when asked to do so by Smt. Sonia who actually appointed him.

from:
Geeta

Posted on: Jan 29, 2011 at 06:17 IST

If the pending chargesheet against him is serious enough for the editorial to ask for the resignation of the CVC, Mr.P.J.Thomas, why is the editorial not taking to task the Prime Minister and the Home Minister who, despite a charge sheet pending against him, appointed Mr.Thomas as the CVC? Will anyone buy the government's argument that the PM and the HM were not aware of the chargesheet while making the appointment? Apparently it is not being believed even by tbeir supporters as is evident from the way the Congress is reacting. The Prime Minister and his government have much to answer for in the matter of the appointment of the CVC.

from:
K.Vijayakumar

Posted on: Jan 29, 2011 at 05:57 IST

Your editorial is unequivocally hard-hitting about the shameful nature of the current post of the CVC.If the incumbent continues to hold office, it is likely that he may help create a new record of 'unabashed bureaucrat' in the Guinness Book of Records !

from:
G.Rajaram

Posted on: Jan 29, 2011 at 05:26 IST

we appreciate the editorial, I think the home minister and the prime minister should take moral responsibility in this matter and follow the example of Lal Bahadur Sastri

from:
l.smohandoss

Posted on: Jan 29, 2011 at 02:06 IST

The PM is generally perceived as honest. Yet, he cannot evade responsibility for the current state of affairs.

from:
krishna

Posted on: Jan 29, 2011 at 02:02 IST

Indeed the appointment of Mr Thomas to a seniormost position in the country is appalling, but the hue and cry that Ms Sushma makes over this is even more appalling and ridiculous. If she could hijack the winter session of parliament and make a mockery of the parliamentary system, I don't see any reason why she couldn't stop this from happening. She is there physically present to score political mileage.

from:
Pem

Posted on: Jan 29, 2011 at 00:53 IST

I agree entirely with your editorial. As far as I can see, a piquant situation is likely to arise and Thomas may take advantage of the complex process of removing the CVC. He may refuse to resign on his own. In that case, the PM cannot disown his responsibility